shall promptly communicate the proposal, accompanied by any comments
or suggestions deemed appropriate, to all Members of the Organization,
with an invitation to them to transmit their observations or
suggestions concerning the proposal within a period of six months or
such other period (which shall not be less than three months nor more
than nine months) prescribed by the Governing Body.
4. At the end of the period referred to in paragraph 3 of this
Article, the proposal, accompanied by a summary of any observations or
suggestions made under that paragraph, shall be transmitted to the
Committee for consideration at a meeting. An amendment shall be
considered adopted by the Committee if:
(a) at least half the governments of Members that have ratified
this Convention are represented in the meeting at which the proposal
is considered; and
(b) a majority of at least two-thirds of the Committee members
vote in favour of the amendment; and
(c) this majority comprises the votes in favour of at least half
the government voting power, half the Shipowner voting power and half
the Seafarer voting power of the Committee members registered at the
meeting when the proposal is put to the vote.
5. Amendments adopted in accordance with paragraph 4 of this
Article shall be submitted to the next session of the Conference for
approval. Such approval shall require a majority of two-thirds of the
votes cast by the delegates present. If such majority is not obtained,
the proposed amendment shall be referred back to the Committee for
reconsideration should the Committee so wish.
6. Amendments approved by the Conference shall be notified by the
Director-General to each of the Members whose ratifications of this
Convention were registered before the date of such approval by the
Conference. These Members are referred to below as "the ratifying
Members". The notification shall contain a reference to the present
Article and shall prescribe the period for the communication of any
formal disagreement. This period shall be two years from the date of
the notification unless, at the time of approval, the Conference has
set a different period, which shall be a period of at least one year.
A copy of the notification shall be communicated to the other Members
of the Organization for their information.
7. An amendment approved by the Conference shall be deemed to
have been accepted unless, by the end of the prescribed period, formal
expressions of disagreement have been received by the Director-General
from more than 40 per cent of the Members which have ratified the
Convention and which represent not less than 40 per cent of the gross
tonnage of the ships of the Members which have ratified the
Convention.
8. An amendment deemed to have been accepted shall come into
force six months after the end of the prescribed period for all the
ratifying Members except those which had formally expressed their
disagreement in accordance with paragraph 7 of this Article and have
not withdrawn such disagreement in accordance with paragraph 11.
However:
(a) before the end of the prescribed period, any ratifying Member
may give notice to the Director-General that it shall be bound by the
amendment only after a subsequent express notification of its
acceptance; and
(b) before the date of entry into force of the amendment, any
ratifying Member may give notice to the Director-General that it will
not give effect to that amendment for a specified period.
9. An amendment which is the subject of a notice referred to in
paragraph 8 (a) of this Article shall enter into force for the Member
giving such notice six months after the Member has notified the
Director-General of its acceptance of the amendment or on the date on
which the amendment first comes into force, whichever date is later.
10. The period referred to in paragraph 8 (b) of this Article
shall not go beyond one year from the date of entry into force of the
amendment or beyond any longer period determined by the Conference at
the time of approval of the amendment.
11. A Member that has formally expressed disagreement with an
amendment may withdraw its disagreement at any time. If notice of such
withdrawal is received by the Director-General after the amendment has
entered into force, the amendment shall enter into force for the
Member six months after the date on which the notice was registered.
12. After entry into force of an amendment, the Convention may
only be ratified in its amended form.
13. To the extent that a maritime labour certificate relates to
matters covered by an amendment to the Convention which has entered
into force:
(a) a Member that has accepted that amendment shall not be
obliged to extend the benefit of the Convention in respect of the
maritime labour certificates issued to ships flying the flag of
another Member which:
(i) pursuant to paragraph 7 of this Article, has formally
expressed disagreement to the amendment and has not withdrawn such
disagreement; or
(ii) pursuant to paragraph 8 (a) of this Article, has given
notice that its acceptance is subject to its subsequent express
notification and has not accepted the amendment; and
(b) a Member that has accepted the amendment shall extend the
benefit of the Convention in respect of the maritime labour
certificates issued to ships flying the flag of another Member that
has given notice, pursuant to paragraph 8 (b) of this Article, that it
will not give effect to that amendment for the period specified in
accordance with paragraph 10 of this Article.
AUTHORITATIVE LANGUAGES
Article XVI
The English and French versions of the text of this Convention
are equally authoritative.
EXPLANATORY NOTE TO THE REGULATIONS AND CODE
OF THE MARITIME LABOUR CONVENTION
1. This explanatory note, which does not form part of the
Maritime Labour Convention, is intended as a general guide to the
Convention.
2. The Convention comprises three different but related parts:
the Articles, the Regulations and the Code.
3. The Articles and Regulations set out the core rights and
principles and the basic obligations of Members ratifying the
Convention. The Articles and Regulations can only be changed by the
Conference in the framework of article 19 of the Constitution of the
International Labour Organisation (see Article XIV of the Convention).
4. The Code contains the details for the implementation of the
Regulations. It comprises Part A (mandatory Standards) and Part B
(non-mandatory Guidelines). The Code can be amended through the
simplified procedure set out in Article XV of the Convention. Since
the Code relates to detailed implementation, amendments to it must
remain within the general scope of the Articles and Regulations.
5. The Regulations and the Code are organized into general areas
under five Titles:
Title 1: Minimum requirements for seafarers to work on a ship
Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities, food and
catering
Title 4: Health protection, medical care, welfare and social
security protection
Title 5: Compliance and enforcement
6. Each Title contains groups of provisions relating to a
particular right or principle (or enforcement measure in Title 5),
with connected numbering. The first group in Title 1, for example,
consists of Regulation 1.1, Standard A1.1 and Guideline B1.1, relating
to minimum age.
7. The Convention has three underlying purposes:
(a) to lay down, in its Articles and Regulations, a firm set of
rights and principles;
(b) to allow, through the Code, a considerable degree of
flexibility in the way Members implement those rights and principles;
and
(c) to ensure, through Title 5, that the rights and principles
are properly complied with and enforced.
8. There are two main areas for flexibility in implementation:
one is the possibility for a Member, where necessary (see Article VI,
paragraph 3), to give effect to the detailed requirements of Part A of
the Code through substantial equivalence (as defined in Article VI,
paragraph 4).
9. The second area of flexibility in implementation is provided
by formulating the mandatory requirements of many provisions in Part A
in a more general way, thus leaving a wider scope for discretion as to
the precise action to be provided for at the national level. In such
cases, guidance on implementation is given in the non-mandatory Part B
of the Code. In this way, Members which have ratified this Convention
can ascertain the kind of action that might be expected of them under
the corresponding general obligation in Part A, as well as action that
would not necessarily be required. For example, Standard A4.1 requires
all ships to provide prompt access to the necessary medicines for
medical care on board ship (paragraph 1(b)) and to "carry a medicine
chest" (paragraph 4(a)). The fulfilment in good faith of this latter
obligation clearly means something more than simply having a medicine
chest on board each ship. A more precise indication of what is
involved is provided in the corresponding Guideline B4.1.1 (paragraph
4) so as to ensure that the contents of the chest are properly stored,
used and maintained.
10. Members which have ratified this Convention are not bound by
the guidance concerned and, as indicated in the provisions in Title 5
on port State control, inspections would deal only with the relevant
requirements of this Convention (Articles, Regulations and the
Standards in Part A). However, Members are required under paragraph 2
of Article VI to give due consideration to implementing their
responsibilities under Part A of the Code in the manner provided for
in Part B. If, having duly considered the relevant Guidelines, a
Member decides to provide for different arrangements which ensure the
proper storage, use and maintenance of the contents of the medicine
chest, to take the example given above, as required by the Standard in
Part A, then that is acceptable. On the other hand, by following the
guidance provided in Part B, the Member concerned, as well as the ILO
bodies responsible for reviewing implementation of international
labour Conventions, can be sure without further consideration that the
arrangements the Member has provided for are adequate to implement the
responsibilities under Part A to which the Guideline relates.
THE REGULATIONS AND THE CODE
TITLE 1. MINIMUM REQUIREMENTS FOR SEAFARERS
TO WORK ON A SHIP
Regulation 1.1
MINIMUM AGE
Purpose: To ensure that no under-age persons work on a ship
1. No person below the minimum age shall be employed or engaged
or work on a ship.
2. The minimum age at the time of the initial entry into force of
this Convention is 16 years.
3. A higher minimum age shall be required in the circumstances
set out in the Code.
Standard A1.1
Minimum age
1. The employment, engagement or work on board a ship of any
person under the age of 16 shall be prohibited.
2. Night work of seafarers under the age of 18 shall be
prohibited. For the purposes of this Standard, "night" shall be
defined in accordance with national law and practice. It shall cover a
period of at least nine hours starting no later than midnight and
ending no earlier than 5 a.m.
3. An exception to strict compliance with the night work
restriction may be made by the competent authority when:
(a) the effective training of the seafarers concerned, in
accordance with established programmes and schedules, would be
impaired; or
(b) the specific nature of the duty or a recognized training
programme requires that the seafarers covered by the exception perform
duties at night and the authority determines, after consultation with
the shipowners` and seafarers` organizations concerned, that the work
will not be detrimental to their health or well-being.
4. The employment, engagement or work of seafarers under the age
of 18 shall be prohibited where the work is likely to jeopardize their
health or safety. The types of such work shall be determined by
national laws or regulations or by the competent authority, after
consultation with the shipowners` and seafarers` organizations
concerned, in accordance with relevant international standards.
Guideline B1.1
Minimum age
1. When regulating working and living conditions, Members should
give special attention to the needs of young persons under the age of
18.
Regulation 1.2
MEDICAL CERTIFICATE
Purpose: To ensure that all seafarers are medically fit to
perform their duties at sea
1. Seafarers shall not work on a ship unless they are certified
as medically fit to perform their duties.
2. Exceptions can only be permitted as prescribed in the Code.
Standard A1.2
Medical certificate
1. The competent authority shall require that, prior to beginning
work on a ship, seafarers hold a valid medical certificate attesting
that they are medically fit to perform the duties they are to carry
out at sea.
2. In order to ensure that medical certificates genuinely reflect
seafarers` state of health, in light of the duties they are to
perform, the competent authority shall, after consultation with the
shipowners` and seafarers` organizations concerned, and giving due
consideration to applicable international guidelines referred to in
Part B of this Code, prescribe the nature of the medical examination
and certificate.
3. This Standard is without prejudice to the International
Convention on Standards of Training, Certification and Watchkeeping
for Seafarers, 1978, as amended ("STCW"). A medical certificate issued
in accordance with the requirements of STCW shall be accepted by the
competent authority, for the purpose of Regulation 1.2. A medical
certificate meeting the substance of those requirements, in the case
of seafarers not covered by STCW, shall similarly be accepted.
4. The medical certificate shall be issued by a duly qualified
medical practitioner or, in the case of a certificate solely
concerning eyesight, by a person recognized by the competent authority
as qualified to issue such a certificate. Practitioners must enjoy
full professional independence in exercising their medical judgement
in undertaking medical examination procedures.
5. Seafarers that have been refused a certificate or have had a
limitation imposed on their ability to work, in particular with
respect to time, field of work or trading area, shall be given the
opportunity to have a further examination by another independent
medical practitioner or by an independent medical referee.
6. Each medical certificate shall state in particular that:
(a) the hearing and sight of the seafarer concerned, and the
colour vision in the case of a seafarer to be employed in capacities
where fitness for the work to be performed is liable to be affected by
defective colour vision, are all satisfactory; and
(b) the seafarer concerned is not suffering from any medical
condition likely to be aggravated by service at sea or to render the
seafarer unfit for such service or to endanger the health of other
persons on board.
7. Unless a shorter period is required by reason of the specific
duties to be performed by the seafarer concerned or is required under
STCW:
(a) a medical certificate shall be valid for a maximum period of
two years unless the seafarer is under the age of 18, in which case
the maximum period of validity shall be one year;
(b) a certification of colour vision shall be valid for a maximum
period of six years.
8. In urgent cases the competent authority may permit a seafarer
to work without a valid medical certificate until the next port of
call where the seafarer can obtain a medical certificate from a
qualified medical practitioner, provided that:
(a) the period of such permission does not exceed three months;
and
(b) the seafarer concerned is in possession of an expired medical
certificate of recent date.
9. If the period of validity of a certificate expires in the
course of a voyage, the certificate shall continue in force until the
next port of call where the seafarer can obtain a medical certificate
from a qualified medical practitioner, provided that the period shall
not exceed three months.
10. The medical certificates for seafers working on ships
ordinarily engaged on international voyages must as a minimum be
provided in English.
Guideline B1.2
Medical certificate
Guideline B1.2.1 - International guidelines
1. The competent authority, medical practitioners, examiners,
shipowners, seafarers` representatives and all other persons concerned
with the conduct of medical fitness examinations of seafarer
candidates and serving seafarers should follow the ILO/WHO Guidelines
for Conducting Pre-sea and Periodic Medical Fitness Examinations for
Seafarers, including any subsequent versions, and any other applicable
international guidelines published by the International Labour
Organization, the International Maritime Organization or the World
Health Organization.
Regulation 1.3
TRAINING AND QUALIFICATIONS
Purpose: To ensure that seafarers are trained or qualified to
carry out their duties on board ship
1. Seafarers shall not work on a ship unless they are trained or
certified as competent or otherwise qualified to perform their duties.
2. Seafarers shall not be permitted to work on a ship unless they
have successfully completed training for personal safety on board
ship.
3. Training and certification in accordance with the mandatory
instruments adopted by the International Maritime Organization shall
be considered as meeting the requirements of paragraphs 1 and 2 of
this Regulation.
4. Any Member which, at the time of its ratification of this
Convention, was bound by the Certification of Able Seamen Convention,
1946 (No. 74), shall continue to carry out the obligations under that
Convention unless and until mandatory provisions covering its subject
matter have been adopted by the International Maritime Organization
and entered into force, or until five years have elapsed since the
entry into force of this Convention in accordance with paragraph 3 of
Article VIII, whichever date is earlier.
Regulation 1.4
RECRUITMENT AND PLACEMENT
Purpose: To ensure that seafarers have access to an efficient and
well-regulated seafarer recruitment and placement system
1. All seafarers shall have access to an efficient, adequate and
accountable system for finding employment on board ship without charge
to the seafarer.
2. Seafarer recruitment and placement services operating in a
Member`s territory shall conform to the standards set out in the Code.
3. Each Member shall require, in respect of seafarers who work on
ships that fly its flag, that shipowners who use seafarer recruitment
and placement services that are based in countries or territories in
which this Convention does not apply, ensure that those services
conform to the requirements set out in the Code.
Standard A1.4
Recruitment and placement
1. Each Member that operates a public seafarer recruitment and
placement service shall ensure that the service is operated in an
orderly manner that protects and promotes seafarers` employment rights
as provided in this Convention.
2. Where a Member has private seafarer recruitment and placement
services operating in its territory whose primary purpose is the
recruitment and placement of seafarers or which recruit and place a
significant number of seafarers, they shall be operated only in
conformity with a standardized system of licensing or certification or
other form of regulation. This system shall be established, modified
or changed only after consultation with the shipowners` and seafarers`
organizations concerned. In the event of doubt as to whether this
Convention applies to a private recruitment and placement service, the
question shall be determined by the competent authority in each Member
after consultation with the shipowners` and seafarers` organizations
concerned. Undue proliferation of private seafarer recruitment and
placement services shall not be encouraged.
3. The provisions of paragraph 2 of this Standard shall also
apply - to the extent that they are determined by the competent
authority, in consultation with the shipowners` and seafarers`
organizations concerned, to be appropriate - in the context of
recruitment and placement services operated by a seafarers`
organization in the territory of the Member for the supply of
seafarers who are nationals of that Member to ships which fly its
flag. The services covered by this paragraph are those fulfilling the
following conditions:
(a) the recruitment and placement service is operated pursuant to
a collective bargaining agreement between that organization and a
shipowner;
(b) both the seafarers` organization and the shipowner are based
in the territory of the Member;
(c) The Member has national laws or regulations or a procedure to
authorize or register the collective bargaining agreement permitting
the operation of the recruitment and placement service; and
(d) the recruitment and placement service is operated in an
orderly manner and measures are in place to protect and promote
seafarers` employment rights comparable to those provided in paragraph
5 of this Standard.
4. Nothing in this Standard or Regulation 1.4 shall be deemed to:
(a) prevent a Member from maintaining a free public seafarer
recruitment and placement service for seafarers in the framework of a
policy to meet the needs of seafarers and shipowners, whether the
service forms part of or is coordinated with a public employment
service for all workers and employers; or
(b) impose on a Member the obligation to establish a system for
the operation of private seafarer recruitment or placement services in
its territory.
5. A Member adopting a system referred to in paragraph 2 of this
Standard shall, in its laws and regulations or other measures, at a
minimum:
(a) prohibit seafarer recruitment and placement services from
using means, mechanisms or lists intended to prevent or deter
seafarers from gaining employment for which they are qualified;
(b) require that no fees or other charges for seafarer
recruitment or placement or for providing employment to seafarers are
borne directly or indirectly, in whole or in part, by the seafarer,
other than the cost of the seafarer obtaining a national statutory
medical certificate, the national seafarer`s book and a passport or
other similar personal travel documents, not including, however, the
cost of visas, which shall be borne by the shipowner; and
(c) ensure that seafarer recruitment and placement services
operating in its territory:
(i) maintain an up-to-date register of all seafarers recruited or
placed through them, to be available for inspection by the competent
authority;
(ii) make sure that seafarers are informed of their rights and
duties under their employment agreements prior to or in the process of
engagement and that proper arrangements are made for seafarers to
examine their employment agreements before and after they are signed
and for them to receive a copy of the agreements;
(iii) verify that seafarers recruited or placed by them are
qualified and hold the documents necessary for the job concerned, and
that the seafarers` employment agreements are in accordance with
applicable laws and regulations and any collective bargaining
agreement that forms part of the employment agreement;
(iv) make sure, as far as practicable, that the shipowner has the
means to protect seafarers from being stranded in a foreign port;
(v) examine and respond to any complaint concerning their
activities and advise the competent authority of any unresolved
complaint;
(vi) establish a system of protection, by way of insurance or an
equivalent appropriate measure, to compensate seafarers for monetary
loss that they may incur as a result of the failure of a recruitment
and placement service or the relevant shipowner under the seafarers`
employment agreement to meet its obligations to them.
6. The competent authority shall closely supervise and control
all seafarer recruitment and placement services operating in the
territory of the Member concerned. Any licences or certificates or
similar authorizations for the operation of private services in the
territory are granted or renewed only after verification that the
seafarer recruitment and placement service concerned meets the
requirements of national laws and regulations.
7. The competent authority shall ensure that adequate machinery
and procedures exist for the investigation, if necessary, of
complaints concerning the activities of seafarer recruitment and
placement services, involving, as appropriate, representatives of
shipowners and seafarers.
8. Each Member which has ratified this Convention shall, in so
far as practicable, advise its nationals on the possible problems of
signing on a ship that flies the flag of a State which has not
ratified the Convention, until it is satisfied that standards
equivalent to those fixed by this Convention are being applied.
Measures taken to this effect by the Member that has ratified this
Convention shall not be in contradiction with the principle of free
movement of workers stipulated by the treaties to which the two States
concerned may be parties.
9. Each Member which has ratified this Convention shall require
that shipowners of ships that fly its flag, who use seafarer
recruitment and placement services based in countries or territories
in which this Convention does not apply, ensure, as far as
practicable, that those services meet the requirements of this
Standard.
10. Nothing in this Standard shall be understood as diminishing
the obligations and responsibilities of shipowners or of a Member with
respect to ships that fly its flag.
Guideline B1.4
Recruitment and placement
Guideline B1.4.1 - Organizational and operational guidelines
1. When fulfilling its obligations under Standard A1.4, paragraph
1, the competent authority should consider:
(a) taking the necessary measures to promote effective
cooperation among seafarer recruitment and placement services, whether
public or private;
(b) the needs of the maritime industry at both the national and
international levels, when developing training programmes for
seafarers that form the part of the ship`s crew that is responsible
for the ship`s safe navigation and pollution prevention operations,
with the participation of shipowners, seafarers and the relevant
training institutions;
(c) making suitable arrangements for the cooperation of
representative shipowners` and seafarers` organizations in the
organization and operation of the public seafarer recruitment and
placement services, where they exist;
(d) determining, with due regard to the right to privacy and the
need to protect confidentiality, the conditions under which seafarers`
personal data may be processed by seafarer recruitment and placement
services, including the collection, storage, combination and
communication of such data to third parties;
(e) maintaining an arrangement for the collection and analysis of
all relevant information on the maritime labour market, including the
current and prospective supply of seafarers that work as crew
classified by age, sex, rank and qualifications, and the industry`s
requirements, the collection of data on age or sex being admissible
only for statistical purposes or if used in the framework of a
programme to prevent discrimination based on age or sex;
(f) ensuring that the staff responsible for the supervision of
public and private seafarer recruitment and placement services for
ship`s crew with responsibility for the ship`s safe navigation and
pollution prevention operations have had adequate training, including
approved sea-service experience, and have relevant knowledge of the
maritime industry, including the relevant maritime international
instruments on training, certification and labour standards;
(g) prescribing operational standards and adopting codes of
conduct and ethical practices for seafarer recruitment and placement
services; and
(h) exercising supervision of the licensing or certification
system on the basis of a system of quality standards.
2. In establishing the system referred to in Standard A1.4,
paragraph 2, each Member should consider requiring seafarer
recruitment and placement services, established in its territory, to
develop and maintain verifiable operational practices. These
operational practices for private seafarer recruitment and placement
services and, to the extent that they are applicable, for public
seafarer recruitment and placement services should address the
following matters:
(a) medical examinations, seafarers` identity documents and such
other items as may be required for the seafarer to gain employment;
(b) maintaining, with due regard to the right to privacy and the
need to protect confidentiality, full and complete records of the
seafarers covered by their recruitment and placement system, which
should include but not be limited to:
(i) the seafarers` qualifications;
(ii) record of employment;
(iii) personal data relevant to employment; and
(iv) medical data relevant to employment;
(c) maintaining up-to-date lists of the ships for which the
seafarer recruitment and placement services provide seafarers and
ensuring that there is a means by which the services can be contacted
in an emergency at all hours;
(d) procedures to ensure that seafarers are not subject to
exploitation by the seafarer recruitment and placement services or
their personnel with regard to the offer of engagement on particular
ships or by particular companies;
(e) procedures to prevent the opportunities for exploitation of
seafarers arising from the issue of joining advances or any other
financial transaction between the shipowner and the seafarers which
are handled by the seafarer recruitment and placement services;
(f) clearly publicizing costs, if any, which the seafarer will be
expected to bear in the recruitment process;
(g) ensuring that seafarers are advised of any particular
conditions applicable to the job for which they are to be engaged and
of the particular shipowner`s policies relating to their employment;
(h) procedures which are in accordance with the principles of
natural justice for dealing with cases of incompetence or indiscipline
consistent with national laws and practice and, where applicable, with
collective agreements;
(i) procedures to ensure, as far as practicable, that all
mandatory certificates and documents submitted for employment are up
to date and have not been fraudulently obtained and that employment
references are verified;
(j) procedures to ensure that requests for information or advice
by families of seafarers while the seafarers are at sea are dealt with
promptly and sympathetically and at no cost; and
(k) verifying that labour conditions on ships where seafarers are
placed are in conformity with applicable collective bargaining
agreements concluded between a shipowner and a representative
seafarers` organization and, as a matter of policy, supplying
seafarers only to shipowners that offer terms and conditions of
employment to seafarers which comply with applicable laws or
regulations or collective agreements.
3. Consideration should be given to encouraging international
cooperation between Members and relevant organizations, such as:
(a) the systematic exchange of information on the maritime
industry and labour market on a bilateral, regional and multilateral
basis;
(b) the exchange of information on maritime labour legislation;
(c) the harmonization of policies, working methods and
legislation governing recruitment and placement of seafarers;
(d) the improvement of procedures and conditions for the
international recruitment and placement of seafarers; and
(e) workforce planning, taking account of the supply of and
demand for seafarers and the requirements of the maritime industry.
TITLE 2. CONDITIONS OF EMPLOYMENT
Regulation 2.1
SEAFARERS` EMPLOYMENT AGREEMENTS
Purpose: To ensure that seafarers have a fair employment
agreement
1. The terms and conditions for employment of a seafarer shall be
set out or referred to in a clear written legally enforceable
agreement and shall be consistent with the standards set out in the
Code.
2. Seafarers` employment agreements shall be agreed to by the
seafarer under conditions which ensure that the seafarer has an
opportunity to review and seek advice on the terms and conditions in
the agreement and freely accepts them before signing.
3. To the extent compatible with the Member`s national law and
practice, seafarers` employment agreements shall be understood to
incorporate any applicable collective bargaining agreements.
Standard A2.1
Seafarers` employment agreements
1. Each Member shall adopt laws or regulations requiring that
ships that fly its flag comply with the following requirements:
(a) seafarers working on ships that fly its flag shall have a
seafarers` employment agreement signed by both the seafarer and the
shipowner or a representative of the shipowner (or, where they are not
employees, evidence of contractual or similar arrangements) providing
them with decent working and living conditions on board the ship as
required by this Convention;
(b) seafarers signing a seafarers` employment agreement shall be
given an opportunity to examine and seek advice on the agreement
before signing, as well as such other facilities as are necessary to
ensure that they have freely entered into an agreement with a
sufficient understanding of their rights and responsibilities;
(c) the shipowner and seafarer concerned shall each have a signed
original of the seafarers` employment agreement;
(d) measures shall be taken to ensure that clear information as
to the conditions of their employment can be easily obtained on board
by seafarers, including the ship`s master, and that such information,
including a copy of the seafarers` employment agreement, is also
accessible for review by officers of a competent authority, including
those in ports to be visited; and
(e) seafarers shall be given a document containing a record of
their employment on board the ship.
2. Where a collective bargaining agreement forms all or part of a
seafarers` employment agreement, a copy of that agreement shall be
available on board. Where the language of the seafarers` employment
agreement and any applicable collective bargaining agreement is not in
English, the following shall also be available in English (except for
ships engaged only in domestic voyages):
(a) a copy of a standard form of the agreement; and
(b) the portions of the collective bargaining agreement that are
subject to a port State inspection under Regulation 5.2.
3. The document referred to in paragraph 1 (e) of this Standard
shall not contain any statement as to the quality of the seafarers`
work or as to their wages. The form of the document, the particulars
to be recorded and the manner in which such particulars are to be
entered, shall be determined by national law.
4. Each Member shall adopt laws and regulations specifying the
matters that are to be included in all seafarers` employment
agreements governed by its national law. Seafarers` employment
agreements shall in all cases contain the following particulars:
(a) the seafarer`s full name, date of birth or age, and
birthplace;
(b) the shipowner`s name and address;
(c) the place where and date when the seafarers` employment
agreement is entered into;
(d) the capacity in which the seafarer is to be employed;
(e) the amount of the seafarer`s wages or, where applicable, the
formula used for calculating them;
(f) the amount of paid annual leave or, where applicable, the
formula used for calculating it;
(g) the termination of the agreement and the conditions thereof,
including:
(i) if the agreement has been made for an indefinite period, the
conditions entitling either party to terminate it, as well as the
required notice period, which shall not be less for the shipowner than
for the seafarer;
(ii) if the agreement has been made for a definite period, the
date fixed for its expiry; and
(iii) if the agreement has been made for a voyage, the port of
destination and the time which has to expire after arrival before the
seafarer should be discharged;
(h) the health and social security protection benefits to be
provided to the seafarer by the shipowner;
(i) the seafarer`s entitlement to repatriation;
(j) reference to the collective bargaining agreement, if
applicable; and
(k) any other particulars which national law may require.
5. Each Member shall adopt laws or regulations establishing
minimum notice periods to be given by the seafarers and shipowners for
the early termination of a seafarers` employment agreement. The
duration of these minimum periods shall be determined after
consultation with the shipowners` and seafarers` organizations
concerned, but shall not be shorter than seven days.
6. A notice period shorter than the minimum may be given in
circumstances which are recognized under national law or regulations
or applicable collective bargaining agreements as justifying
termination of the employment agreement at shorter notice or without
notice. In determining those circumstances, each Member shall ensure
that the need of the seafarer to terminate, without penalty, the
employment agreement on shorter notice or without notice for
compassionate or other urgent reasons is taken into account.
Guideline B2.1
Seafarers` employment agreements
Guideline B2.1.1 - Record of employment
1. In determining the particulars to be recorded in the record of
employment referred to in Standard A2.1, paragraph 1 (e), each Member
should ensure that this document contains sufficient information, with
a translation in English, to facilitate the acquisition of further
work or to satisfy the sea-service requirements for upgrading or
promotion. A seafarers` discharge book may satisfy the requirements of
paragraph 1 (e) of that Standard.
Regulation 2.2
WAGES
Purpose: To ensure that seafarers are paid for their services
1. All seafarers shall be paid for their work regularly and in
full in accordance with their employment agreements.
Standard A2.2
Wages
1. Each Member shall require that payments due to seafarers
working on ships that fly its flag are made at no greater than monthly
intervals and in accordance with any applicable collective agreement.
2. Seafarers shall be given a monthly account of the payments due
and the amounts paid, including wages, additional payments and the
rate of exchange used where payment has been made in a currency or at
a rate different from the one agreed to.
3. Each Member shall require that shipowners take measures, such
as those set out in paragraph 4 of this Standard, to provide seafarers
with a means to transmit all or part of their earnings to their
families or dependants or legal beneficiaries.
4. Measures to ensure that seafarers are able to transmit their
earnings to their families include:
(a) a system for enabling seafarers, at the time of their
entering employment or during it, to allot, if they so desire, a
proportion of their wages for remittance at regular intervals to their
families by bank transfers or similar means; and
(b) a requirement that allotments should be remitted in due time
and directly to the person or persons nominated by the seafarers.
5. Any charge for the service under paragraphs 3 and 4 of this
Standard shall be reasonable in amount, and the rate of currency
exchange, unless otherwise provided, shall, in accordance with
national laws or regulations, be at the prevailing market rate or the
official published rate and not unfavourable to the seafarer.
6. Each Member that adopts national laws or regulations governing
seafarers` wages shall give due consideration to the guidance provided
in Part B of the Code.
Guideline B2.2
Wages
Guideline B2.2.1 - Specific definitions
1. For the purpose of this Guideline, the term:
(a) able seafarer means any seafarer who is deemed competent to
perform any duty which may be required of a rating serving in the deck
department, other than the duties of a supervisory or specialist
rating, or who is defined as such by national laws, regulations or
practice, or by collective agreement;
(b) basic pay or wages means the pay, however composed, for
normal hours of work; it does not include payments for overtime
worked, bonuses, allowances, paid leave or any other additional
remuneration;
(c) consolidated wage means a wage or salary which includes the
basic pay and other pay-related benefits; a consolidated wage may
include compensation for all overtime hours which are worked and all
other pay-related benefits, or it may include only certain benefits in
a partial consolidation;
(d) hours of work means time during which seafarers are required
to do work on account of the ship;
(e) overtime means time worked in excess of the normal hours of
work.
Guideline B2.2.2 - Calculation and payment
1. For seafarers whose remuneration includes separate
compensation for overtime worked:
(a) for the purpose of calculating wages, the normal hours of
work at sea and in port should not exceed eight hours per day;
(b) for the purpose of calculating overtime, the number of normal
hours per week covered by the basic pay or wages should be prescribed
by national laws or regulations, if not determined by collective
agreements, but should not exceed 48 hours per week; collective
agreements may provide for a different but not less favourable
treatment;
(c) the rate or rates of compensation for overtime, which should
be not less than one and one-quarter times the basic pay or wages per
hour, should be prescribed by national laws or regulations or by
collective agreements, if applicable; and
(d) records of all overtime worked should be maintained by the
master, or a person assigned by the master, and endorsed by the
seafarer at no greater than monthly intervals.
2. For seafarers whose wages are fully or partially consolidated:
(a) the seafarers` employment agreement should specify clearly,
where appropriate, the number of hours of work expected of the
seafarer in return for this remuneration, and any additional
allowances which might be due in addition to the consolidated wage,
and in which circumstances;
(b) where hourly overtime is payable for hours worked in excess
of those covered by the consolidated wage, the hourly rate should be
not less than one and one-quarter times the basic rate corresponding
to the normal hours of work as defined in paragraph 1 of this
Guideline; the same principle should be applied to the overtime hours
included in the consolidated wage;
(c) remuneration for that portion of the fully or partially
consolidated wage representing the normal hours of work as defined in
paragraph 1 (a) of this Guideline should be no less than the
applicable minimum wage; and
(d) for seafarers whose wages are partially consolidated, records
of all overtime worked should be maintained and endorsed as provided
for in paragraph 1 (d) of this Guideline.
3. National laws or regulations or collective agreements may
provide for compensation for overtime or for work performed on the
weekly day of rest and on public holidays by at least equivalent time
off duty and off the ship or additional leave in lieu of remuneration
or any other compensation so provided.
4. National laws and regulations adopted after consulting the
representative shipowners` and seafarers` organizations or, as
appropriate, collective agreements should take into account the
following principles:
(a) equal remuneration for work of equal value should apply to
all seafarers employed on the same ship without discrimination based
upon race, colour, sex, religion, political opinion, national
extraction or social origin;
(b) the seafarers` employment agreement specifying the applicable
wages or wage rates should be carried on board the ship; information
on the amount of wages or wage rates should be made available to each
seafarer, either by providing at least one signed copy of the relevant
information to the seafarer in a language which the seafarer
understands, or by posting a copy of the agreement in a place
accessible to seafarers or by some other appropriate means;
(c) wages should be paid in legal tender; where appropriate, they
may be paid by bank transfer, bank cheque, postal cheque or money
order;
(d) on termination of engagement all remuneration due should be
paid without undue delay;
(e) adequate penalties or other appropriate remedies should be
imposed by the competent authority where shipowners unduly delay, or
fail to make, payment of all remuneration due;
(f) wages should be paid directly to seafarers` designated bank
accounts unless they request otherwise in writing;
(g) subject to subparagraph (h) of this paragraph, the shipowner
should impose no limit on seafarers` freedom to dispose of their
remuneration;
(h) deduction from remuneration should be permitted only if:
(i) there is an express provision in national laws or regulations
or in an applicable collective agreement and the seafarer has been
informed, in the manner deemed most appropriate by the competent
authority, of the conditions for such deductions; and
(ii) the deductions do not in total exceed the limit that may
have been established by national laws or regulations or collective
agreements or court decisions for making such deductions;
(i) no deductions should be made from a seafarer`s remuneration
in respect of obtaining or retaining employment;
(j) monetary fines against seafarers other than those authorized
by national laws or regulations, collective agreements or other
measures should be prohibited;
(k) the competent authority should have the power to inspect
stores and services provided on board ship to ensure that fair and
reasonable prices are applied for the benefit of the seafarers
concerned; and
(l) to the extent that seafarers` claims for wages and other sums
due in respect of their employment are not secured in accordance with
the provisions of the International Convention on Maritime Liens and
Mortgages, 1993, such claims should be protected in accordance with
the Protection of Workers` Claims (Employer`s Insolvency) Convention,
1992 (No. 173).
5. Each Member should, after consulting with representative
shipowners` and seafarers` organizations, have procedures to
investigate complaints relating to any matter contained in this
Guideline.
Guideline B2.2.3 - Minimum wages
1. Without prejudice to the principle of free collective
bargaining, each Member should, after consulting representative
shipowners` and seafarers` organizations, establish procedures for
determining minimum wages for seafarers. Representative shipowners`
and seafarers` organizations should participate in the operation of
such procedures.
2. When establishing such procedures and in fixing minimum wages,
due regard should be given to international labour standards
concerning minimum wage fixing, as well as the following principles:
(a) the level of minimum wages should take into account the
nature of maritime employment, crewing levels of ships, and seafarers`
normal hours of work; and
(b) the level of minimum wages should be adjusted to take into
account changes in the cost of living and in the needs of seafarers.
3. The competent authority should ensure:
(a) by means of a system of supervision and sanctions, that wages
are paid at not less than the rate or rates fixed; and
(b) that any seafarers who have been paid at a rate lower than
the minimum wage are enabled to recover, by an inexpensive and
expeditious judicial or other procedure, the amount by which they have
been underpaid.
Guideline B2.2.4 - Minimum monthly basic pay or wage figure for
able seafarers
1. The basic pay or wages for a calendar month of service for an
able seafarer should be no less than the amount periodically set by
the Joint Maritime Commission or another body authorized by the
Governing Body of the International Labour Office. Upon a decision of
the Governing Body, the Director-General shall notify any revised
amount to the Members of the Organization.
2. Nothing in this Guideline should be deemed to prejudice
arrangements agreed between shipowners or their organizations and
seafarers` organizations with regard to the regulation of standard
minimum terms and conditions of employment, provided such terms and
conditions are recognized by the competent authority.
Regulation 2.3
HOURS OF WORK AND HOURS OF REST
Purpose: To ensure that seafarers have regulated hours of work or
hours of rest
1. Each Member shall ensure that the hours of work or hours of
rest for seafarers are regulated.
2. Each Member shall establish maximum hours of work or minimum
hours of rest over given periods that are consistent with the
provisions in the Code.
Standard A2.3
Hours of work and hours of rest
1. For the purpose of this Standard, the term:
(a) hours of work means time during which seafarers are required
to do work on account of the ship;
(b) hours of rest means time outside hours of work; this term
does not include short breaks.
2. Each Member shall within the limits set out in paragraphs 5 to
8 of this Standard fix either a maximum number of hours of work which
shall not be exceeded in a given period of time, or a minimum number
of hours of rest which shall be provided in a given period of time.
3. Each Member acknowledges that the normal working hours`
standard for seafarers, like that for other workers, shall be based on
an eight-hour day with one day of rest per week and rest on public
holidays. However, this shall not prevent the Member from having
procedures to authorize or register a collective agreement which
determines seafarers` normal working hours on a basis no less
favourable than this standard.
4. In determining the national standards, each Member shall take
account of the danger posed by the fatigue of seafarers, especially
those whose duties involve navigational safety and the safe and secure
operation of the ship.
5. The limits on hours of work or rest shall be as follows:
(a) maximum hours of work shall not exceed:
(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period; or
(b) minimum hours of rest shall not be less than:
(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.
6. Hours of rest may be divided into no more than two periods,
one of which shall be at least six hours in length, and the interval
between consecutive periods of rest shall not exceed 14 hours.
7. Musters, fire-fighting and lifeboat drills, and drills
prescribed by national laws and regulations and by international
instruments, shall be conducted in a manner that minimizes the
disturbance of rest periods and does not induce fatigue.
8. When a seafarer is on call, such as when a machinery space is
unattended, the seafarer shall have an adequate compensatory rest
period if the normal period of rest is disturbed by call-outs to work.
9. If no collective agreement or arbitration award exists or if
the competent authority determines that the provisions in the
agreement or award in respect of paragraph 7 or 8 of this Standard are
inadequate, the competent authority shall determine such provisions to
ensure the seafarers concerned have sufficient rest.
10. Each Member shall require the posting, in an easily
accessible place, of a table with the shipboard working arrangements,
which shall contain for every position at least:
(a) the schedule of service at sea and service in port; and
(b) the maximum hours of work or the minimum hours of rest
required by national laws or regulations or applicable collective
agreements.
11. The table referred to in paragraph 10 of this Standard shall
be established in a standardized format in the working language or
languages of the ship and in English.
12. Each Member shall require that records of seafarers` daily
hours of work or of their daily hours of rest be maintained to allow
monitoring of compliance with paragraphs 5 to 11 inclusive of this
Standard. The records shall be in a standardized format established by
the competent authority taking into account any available guidelines
of the International Labour Organization or shall be in any standard
format prepared by the Organization. They shall be in the languages
required by paragraph 11 of this Standard. The seafarers shall receive
a copy of the records pertaining to them which shall be endorsed by
the master, or a person authorized by the master, and by the
seafarers.
13. Nothing in paragraphs 5 and 6 of this Standard shall prevent
a Member from having national laws or regulations or a procedure for
the competent authority to authorize or register collective agreements
permitting exceptions to the limits set out. Such exceptions shall, as
far as possible, follow the provisions of this Standard but may take
account of more frequent or longer leave periods or the granting of
compensatory leave for watchkeeping seafarers or seafarers working on
board ships on short voyages.
14. Nothing in this Standard shall be deemed to impair the right
of the master of a ship to require a seafarer to perform any hours of
work necessary for the immediate safety of the ship, persons on board
or cargo, or for the purpose of giving assistance to other ships or
persons in distress at sea. Accordingly, the master may suspend the
schedule of hours of work or hours of rest and require a seafarer to
perform any hours of work necessary until the normal situation has
been restored. As soon as practicable after the normal situation has
been restored, the master shall ensure that any seafarers who have
performed work in a scheduled rest period are provided with an
adequate period of rest.
Guideline B2.3
Hours of work and hours of rest
Guideline B2.3.1 - Young seafarers
1. At sea and in port the following provisions should apply to
all young seafarers under the age of 18:
(a) working hours should not exceed eight hours per day and 40
hours per week and overtime should be worked only where unavoidable
for safety reasons;
(b) sufficient time should be allowed for all meals, and a break
of at least one hour for the main meal of the day should be assured;
and
(c) a 15-minute rest period as soon as possible following each
two hours of continuous work should be allowed.
2. Exceptionally, the provisions of paragraph 1 of this Guideline
need not be applied if:
(a) they are impracticable for young seafarers in the deck,
engine room and catering departments assigned to watchkeeping duties
or working on a rostered shift-work system; or
(b) the effective training of young seafarers in accordance with
established programmes and schedules would be impaired.
3. Such exceptional situations should be recorded, with reasons,
and signed by the master.
4. Paragraph 1 of this Guideline does not exempt young seafarers
from the general obligation on all seafarers to work during any
emergency as provided for in Standard A2.3, paragraph 14.
Regulation 2.4
ENTITLEMENT TO LEAVE
Purpose: To ensure that seafarers have adequate leave
1. Each Member shall require that seafarers employed on ships
that fly its flag are given paid annual leave under appropriate
conditions, in accordance with the provisions in the Code.
2. Seafarers shall be granted shore leave to benefit their health
and well-being and with the operational requirements of their
positions.
Standard A2.4
Entitlement to leave
1. Each Member shall adopt laws and regulations determining the
minimum standards for annual leave for seafarers serving on ships that
fly its flag, taking proper account of the special needs of seafarers
with respect to such leave.
2. Subject to any collective agreement or laws or regulations
providing for an appropriate method of calculation that takes account
of the special needs of seafarers in this respect, the annual leave
with pay entitlement shall be calculated on the basis of a minimum of
2.5 calendar days per month of employment. The manner in which the
length of service is calculated shall be determined by the competent
authority or through the appropriate machinery in each country.
Justified absences from work shall not be considered as annual leave.
3. Any agreement to forgo the minimum annual leave with pay
prescribed in this Standard, except in cases provided for by the
competent authority, shall be prohibited.
Guideline B2.4
Entitlement to leave
Guideline B2.4.1 - Calculation of entitlement
1. Under conditions as determined by the competent authority or
through the appropriate machinery in each country, service
off-articles should be counted as part of the period of service.
2. Under conditions as determined by the competent authority or
in an applicable collective agreement, absence from work to attend an
approved maritime vocational training course or for such reasons as
illness or injury or for maternity should be counted as part of the
period of service.
3. The level of pay during annual leave should be at the
seafarer`s normal level of remuneration provided for by national laws
or regulations or in the applicable seafarers` employment agreement.
For seafarers employed for periods shorter than one year or in the
event of termination of the employment relationship, entitlement to
leave should be calculated on a pro-rata basis.
4. The following should not be counted as part of annual leave
with pay:
(a) public and customary holidays recognized as such in the flag
State, whether or not they fall during the annual leave with pay;
(b) periods of incapacity for work resulting from illness or
injury or from maternity, under conditions as determined by the
competent authority or through the appropriate machinery in each
country;
(c) temporary shore leave granted to a seafarer while under an
employment agreement; and
(d) compensatory leave of any kind, under conditions as
determined by the competent authority or through the appropriate
machinery in each country.
Guideline B2.4.2 - Taking of annual leave
1. The time at which annual leave is to be taken should, unless
it is fixed by regulation, collective agreement, arbitration award or
other means consistent with national practice, be determined by the
shipowner after consultation and, as far as possible, in agreement
with the seafarers concerned or their representatives.
2. Seafarers should in principle have the right to take annual
leave in the place with which they have a substantial connection,
which would normally be the same as the place to which they are
entitled to be repatriated. Seafarers should not be required without
their consent to take annual leave due to them in another place except
under the provisions of a seafarers` employment agreement or of
national laws or regulations.
3. If seafarers are required to take their annual leave from a
place other than that permitted by paragraph 2 of this Guideline, they
should be entitled to free transportation to the place where they were
engaged or recruited, whichever is nearer their home; subsistence and
other costs directly involved should be for the account of the
shipowner; the travel time involved should not be deducted from the
annual leave with pay due to the seafarer.
4. A seafarer taking annual leave should be recalled only in
cases of extreme emergency and with the seafarer`s consent.
Guideline B2.4.3 - Division and accumulation
1. The division of the annual leave with pay into parts, or the
accumulation of such annual leave due in respect of one year together
with a subsequent period of leave, may be authorized by the competent
authority or through the appropriate machinery in each country.
2. Subject to paragraph 1 of this Guideline and unless otherwise
provided in an agreement applicable to the shipowner and the seafarer
concerned, the annual leave with pay recommended in this Guideline
should consist of an uninterrupted period.
Guideline B2.4.4 - Young seafarers
1. Special measures should be considered with respect to young
seafarers under the age of 18 who have served six months or any other
shorter period of time under a collective agreement or seafarers`
employment agreement without leave on a foreign-going ship which has
not returned to their country of residence in that time, and will not
return in the subsequent three months of the voyage. Such measures
could consist of their repatriation at no expense to themselves to the
place of original engagement in their country of residence for the
purpose of taking any leave earned during the voyage.
Regulation 2.5
REPATRIATION
Purpose: To ensure that seafarers are able to return home
1. Seafarers have a right to be repatriated at no cost to
themselves in the circumstances and under the conditions specified in
the Code.
2. Each Member shall require ships that fly its flag to provide
financial security to ensure that seafarers are duly repatriated in
accordance with the Code.
Standard A2.5
Repatriation
1. Each Member shall ensure that seafarers on ships that fly its
flag are entitled to repatriation in the following circumstances:
(a) if the seafarers` employment agreement expires while they are
abroad;
(b) when the seafarers` employment agreement is terminated:
(i) by the shipowner; or
(ii) by the seafarer for justified reasons; and also
(c) when the seafarers are no longer able to carry out their
duties under their employment agreement or cannot be expected to carry
them out in the specific circumstances.
2. Each Member shall ensure that there are appropriate provisions
in its laws and regulations or other measures or in collective
bargaining agreements, prescribing:
(a) the circumstances in which seafarers are entitled to
repatriation in accordance with paragraph 1 (b) and (c) of this
Standard;
(b) the maximum duration of service periods on board following
which a seafarer is entitled to repatriation - such periods to be less
than 12 months; and
(c) the precise entitlements to be accorded by shipowners for
repatriation, including those relating to the destinations of
repatriation, the mode of transport, the items of expense to be
covered and other arrangements to be made by shipowners.
3. Each Member shall prohibit shipowners from requiring that
seafarers make an advance payment towards the cost of repatriation at
the beginning of their employment, and also from recovering the cost
of repatriation from the seafarers` wages or other entitlements except
where the seafarer has been found, in accordance with national laws or
regulations or other measures or applicable collective bargaining
agreements, to be in serious default of the seafarer`s employment
obligations.
4. National laws and regulations shall not prejudice any right of
the shipowner to recover the cost of repatriation under third-party
contractual arrangements.
5. If a shipowner fails to make arrangements for or to meet the
cost of repatriation of seafarers who are entitled to be repatriated:
(a) the competent authority of the Member whose flag the ship
flies shall arrange for repatriation of the seafarers concerned; if it
fails to do so, the State from which the seafarers are to be
repatriated or the State of which they are a national may arrange for
their repatriation and recover the cost from the Member whose flag the
ship flies;
(b) costs incurred in repatriating seafarers shall be recoverable
from the shipowner by the Member whose flag the ship flies;
(c) the expenses of repatriation shall in no case be a charge
upon the seafarers, except as provided for in paragraph 3 of this
Standard.
6. Taking into account applicable international instruments,
including the International Convention on Arrest of Ships, 1999, a
Member which has paid the cost of repatriation pursuant to this Code
may detain, or request the detention of, the ships of the shipowner
concerned until the reimbursement has been made in accordance with
paragraph 5 of this Standard.
7. Each Member shall facilitate the repatriation of seafarers
serving on ships which call at its ports or pass through its
territorial or internal waters, as well as their replacement on board.
8. In particular, a Member shall not refuse the right of
repatriation to any seafarer because of the financial circumstances of
a shipowner or because of the ship-owner`s inability or unwillingness
to replace a seafarer.
9. Each Member shall require that ships that fly its flag carry
and make available to seafarers a copy of the applicable national
provisions regarding repatriation written in an appropriate language.
Guideline B2.5
Repatriation
Guideline B2.5.1 - Entitlement
1. Seafarers should be entitled to repatriation:
(a) in the case covered by Standard A2.5, paragraph 1 (a), upon
the expiry of the period of notice given in accordance with the
provisions of the seafarers` employment agreement;
(b) in the cases covered by Standard A2.5, paragraph 1 (b) and
(c):
(i) in the event of illness or injury or other medical condition
which requires their repatriation when found medically fit to travel;
(ii) in the event of shipwreck;
(iii) in the event of the shipowner not being able to continue to
fulfil their legal or contractual obligations as an employer of the
seafarers by reason of insolvency, sale of ship, change of ship`s
registration or any other similar reason;
(iv) in the event of a ship being bound for a war zone, as
defined by national laws or regulations or seafarers` employment
agreements, to which the seafarer does not consent to go; and
(v) in the event of termination or interruption of employment in
accordance with an industrial award or collective agreement, or
termination of employment for any other similar reason.
2. In determining the maximum duration of service periods on
board following which a seafarer is entitled to repatriation, in
accordance with this Code, account should be taken of factors
affecting the seafarers` working environment. Each Member should seek,
wherever possible, to reduce these periods in the light of
technological changes and developments and might be guided by any
recommendations made on the matter by the Joint Maritime Commission.
3. The costs to be borne by the shipowner for repatriation under
Standard A2.5 should include at least the following:
(a) passage to the destination selected for repatriation in
accordance with paragraph 6 of this Guideline;
(b) accommodation and food from the moment the seafarers leave
the ship until they reach the repatriation destination;
(c) pay and allowances from the moment the seafarers leave the
ship until they reach the repatriation destination, if provided for by
national laws or regulations or collective agreements;
(d) transportation of 30 kg of the seafarers` personal luggage to
the repatriation destination; and
(e) medical treatment when necessary until the seafarers are
medically fit to travel to the repatriation destination.
4. Time spent awaiting repatriation and repatriation travel time
should not be deducted from paid leave accrued to the seafarers.
5. Shipowners should be required to continue to cover the costs
of repatriation until the seafarers concerned are landed at a
destination prescribed pursuant to this Code or are provided with
suitable employment on board a ship proceeding to one of those
destinations.
6. Each Member should require that shipowners take responsibility
for repatriation arrangements by appropriate and expeditious means.
The normal mode of transport should be by air. The Member should
prescribe the destinations to which seafarers may be repatriated. The
destinations should include the countries with which seafarers may be
deemed to have a substantial connection including:
(a) the place at which the seafarer agreed to enter into the
engagement;
(b) the place stipulated by collective agreement;
(c) the seafarer`s country of residence; or
(d) such other place as may be mutually agreed at the time of
engagement.
7. Seafarers should have the right to choose from among the
prescribed destinations the place to which they are to be repatriated.
8. The entitlement to repatriation may lapse if the seafarers
concerned do not claim it within a reasonable period of time to be
defined by national laws or regulations or collective agreements.
Guideline B2.5.2 - Implementation by Members
1. Every possible practical assistance should be given to a
seafarer stranded in a foreign port pending repatriation and in the
event of delay in the repatriation of the seafarer, the competent
authority in the foreign port should ensure that the consular or local
representative of the flag State and the seafarer`s State of
nationality or State of residence, as appropriate, is informed
immediately.
2. Each Member should have regard to whether proper provision is
made:
(a) for the return of seafarers employed on a ship that flies the
flag of a foreign country who are put ashore in a foreign port for
reasons for which they are not responsible:
(i) to the port at which the seafarer concerned was engaged; or
(ii) to a port in the seafarer`s State of nationality or State of
residence, as appropriate; or
(iii) to another port agreed upon between the seafarer and the
master or shipowner, with the approval of the competent authority or
under other appropriate safeguards;
(b) for medical care and maintenance of seafarers employed on a
ship that flies the flag of a foreign country who are put ashore in a
foreign port in consequence of sickness or injury incurred in the
service of the ship and not due to their own wilful misconduct.
3. If, after young seafarers under the age of 18 have served on a
ship for at least four months during their first foreign-going voyage,
it becomes apparent that they are unsuited to life at sea, they should
be given the opportunity of being repatriated at no expense to
themselves from the first suitable port of call in which there are
consular services of the flag State, or the State of nationality or
residence of the young seafarer. Notification of any such
repatriation, with the reasons therefor, should be given to the
authority which issued the papers enabling the young seafarers
concerned to take up seagoing employment.
Regulation 2.6
SEAFARER COMPENSATION FOR THE SHIP`S LOSS OR FOUNDERING
Purpose: To ensure that seafarers are compensated when a ship is
lost or has foundered
1. Seafarers are entitled to adequate compensation in the case of
injury, loss or unemployment arising from the ship`s loss or
foundering.
Standard A2.6
Seafarer compensation for the ship`s loss or foundering
1. Each Member shall make rules ensuring that, in every case of
loss or foundering of any ship, the shipowner shall pay to each
seafarer on board an indemnity against unemployment resulting from
such loss or foundering.
2. The rules referred to in paragraph 1 of this Standard shall be
without prejudice to any other rights a seafarer may have under the
national law of the Member concerned for losses or injuries arising
from a ship`s loss or foundering.
Guideline B2.6
Seafarer compensation for the ship`s loss or foundering
Guideline B2.6.1 - Calculation of indemnity against unemployment
1. The indemnity against unemployment resulting from a ship`s
foundering or loss should be paid for the days during which the
seafarer remains in fact unemployed at the same rate as the wages
payable under the employment agreement, but the total indemnity
payable to any one seafarer may be limited to two months` wages.
2. Each Member should ensure that seafarers have the same legal
remedies for recovering such indemnities as they have for recovering
arrears of wages earned during the service.
Regulation 2.7
MANNING LEVELS
Purpose: To ensure that seafarers work on board ships with
sufficient personnel for the safe, efficient and secure operation of
the ship
1. Each Member shall require that all ships that fly its flag
have a sufficient number of seafarers employed on board to ensure that
ships are operated safely, efficiently and with due regard to security
under all conditions, taking into account concerns about seafarer
fatigue and the particular nature and conditions of the voyage.
Standard A2.7
Manning levels
1. Each Member shall require that all ships that fly its flag
have a sufficient number of seafarers on board to ensure that ships
are operated safely, efficiently and with due regard to security.
Every ship shall be manned by a crew that is adequate, in terms of
size and qualifications, to ensure the safety and security of the ship
and its personnel, under all operating conditions, in accordance with
the minimum safe manning document or an equivalent issued by the
competent authority, and to comply with the standards of this
Convention.
2. When determining, approving or revising manning levels, the
competent authority shall take into account the need to avoid or
minimize excessive hours of work to ensure sufficient rest and to
limit fatigue, as well as the principles in applicable international
instruments, especially those of the International Maritime
Organization, on manning levels.
3. When determining manning levels, the competent authority shall
take into account all the requirements within Regulation 3.2 and
Standard A3.2 concerning food and catering.
Guideline B2.7
Manning levels
Guideline B2.7.1 - Dispute settlement
1. Each Member should maintain, or satisfy itself that there is
maintained, efficient machinery for the investigation and settlement
of complaints or disputes concerning the manning levels on a ship.
2. Representatives of shipowners` and seafarers` organizations
should participate, with or without other persons or authorities, in
the operation of such machinery.
Regulation 2.8
CAREER AND SKILL DEVELOPMENT AND OPPORTUNITIES
FOR SEAFARERS` EMPLOYMENT
Purpose: To promote career and skill development and employment
opportunities for seafarers
1. Each Member shall have national policies to promote employment
in the maritime sector and to encourage career and skill development
and greater employment opportunities for seafarers domiciled in its
territory.
Standard A2.8
Career and skill development
and employment opportunities for seafarers
1. Each Member shall have national policies that encourage career
and skill development and employment opportunities for seafarers, in
order to provide the maritime sector with a stable and competent
workforce.
2. The aim of the policies referred to in paragraph 1 of this
Standard shall be to help seafarers strengthen their competencies,
qualifications and employment opportunities.
3. Each Member shall, after consulting the shipowners` and
seafarers` organizations concerned, establish clear objectives for the
vocational guidance, education and training of seafarers whose duties
on board ship primarily relate to the safe operation and navigation of
the ship, including ongoing training.
Guideline B2.8
Career and skill development
and employment opportunities for seafarers
Guideline B2.8.1 - Measures to promote career and skill
development and employment opportunities for seafarers
1. Measures to achieve the objectives set out in Standard A2.8
might include:
(a) agreements providing for career development and skills
training with a shipowner or an organization of shipowners; or
(b) arrangements for promoting employment through the
establishment and maintenance of registers or lists, by categories, of
qualified seafarers; or
(c) promotion of opportunities, both on board and ashore, for
further training and education of seafarers to provide for skill
development and portable competencies in order to secure and retain
decent work, to improve individual employment prospects and to meet
the changing technology and labour market conditions of the maritime
industry.
Guideline B2.8.2 - Register of seafarers
1. Where registers or lists govern the employment of seafarers,
these registers or lists should include all occupational categories of
seafarers in a manner determined by national law or practice or by
collective agreement.
2. Seafarers on such a register or list should have priority of
engagement for seafaring.
3. Seafarers on such a register or list should be required to be
available for work in a manner to be determined by national law or
practice or by collective agreement.
4. To the extent that national laws or regulations permit, the
number of seafarers on such registers or lists should be periodically
reviewed so as to achieve levels adapted to the needs of the maritime
industry.
5. When a reduction in the number of seafarers on such a register
or list becomes necessary, all appropriate measures should be taken to
prevent or minimize detrimental effects on seafarers, account being
taken of the economic and social situation of the country concerned.
TITLE 3. ACCOMMODATION, RECREATIONAL FACILITIES,
FOOD AND CATERING
Regulation 3.1
ACCOMMODATION AND RECREATIONAL FACILITIES
Purpose: To ensure that seafarers have decent accommodation and
recreational facilities on board
1. Each Member shall ensure that ships that fly its flag provide
and maintain decent accommodations and recreational facilities for
seafarers working or living on board, or both, consistent with
promoting the seafarers` health and well-being.
2. The requirements in the Code implementing this Regulation
which relate to ship construction and equipment apply only to ships
constructed on or after the date when this Convention comes into force
for the Member concerned. For ships constructed before that date, the
requirements relating to ship construction and equipment that are set
out in the Accommodation of Crews Convention (Revised), 1949 (No. 92),
and the Accommodation of Crews (Supplementary Provisions) Convention,
1970 (No. 133), shall continue to apply to the extent that they were
applicable, prior to that date, under the law or practice of the
Member concerned. A ship shall be deemed to have been constructed on
the date when its keel is laid or when it is at a similar stage of
contruction.
3. Unless expressly provided otherwise, any requirement under an
amendment to the Code relating to the provision of seafarer
accommodation and recreational facilities shall apply only to ships
constructed on or after the amendment takes effect for the Member
concerned.
Standard A3.1
Accommodation and recreational facilities
1. Each Member shall adopt laws and regulations requiring that
ships that fly its flag:
(a) meet minimum standards to ensure that any accommodation for
seafarers, working or living on board, or both, is safe, decent and in
accordance with the relevant provisions of this Standard; and
(b) are inspected to ensure initial and ongoing compliance with
those standards.
2. In developing and applying the laws and regulations to
implement this Standard, the competent authority, after consulting the
shipowners` and seafarers` organizations concerned, shall:
(a) take into account Regulation 4.3 and the associated Code
provisions on health and safety protection and accident prevention, in
light of the specific needs of seafarers that both live and work on
board ship, and
(b) give due consideration to the guidance contained in Part B of
this Code.
3. The inspections required under Regulation 5.1.4 shall be
carried out when:
(a) a ship is registered or re-registered; or
(b) the seafarer accommodation on a ship has been substantially
altered.
4. The competent authority shall pay particular attention to
ensuring implementation of the requirements of this Convention
relating to:
(a) the size of rooms and other accommodation spaces;
(b) heating and ventilation;
(c) noise and vibration and other ambient factors;
(d) sanitary facilities;
(e) lighting; and
(f) hospital accommodation.
5. The competent authority of each Member shall require that
ships that fly its flag meet the minimum standards for on-board
accommodation and recreational facilities that are set out in
paragraphs 6 to 17 of this Standard.
6. With respect to general requirements for accommodation:
(a) there shall be adequate headroom in all seafarer
accommodation; the minimum permitted headroom in all seafarer
accommodation where full and free movement is necessary shall be not
less than 203 centimetres; the competent authority may permit some
limited reduction in headroom in any space, or part of any space, in
such accommodation where it is satisfied that such reduction:
(i) is reasonable; and
(ii) will not result in discomfort to the seafarers;
(b) the accommodation shall be adequately insulated;
(c) in ships other than passenger ships, as defined in Regulation
2 (e) and (f) of the International Convention for the Safety of Life
at Sea, 1974, as amended (the "SOLAS Convention"), sleeping rooms
shall be situated above the load line amidships or aft, except that in
exceptional cases, where the size, type or intended service of the
ship renders any other location impracticable, sleeping rooms may be
located in the fore part of the ship, but in no case forward of the
collision bulkhead;
(d) in passenger ships, and in special ships constructed in
compliance with the IMO Code of Safety for Special Purpose Ships,
1983, and subsequent versions (hereinafer called "special purpose
ships"), the competent authority may, on condition that satisfactory
arrangements are made for lighting and ventilation, permit the
location of sleeping rooms below the load line, but in no case shall
they be located immediately beneath working alleyways;
(e) there shall be no direct openings into sleeping rooms from
cargo and machinery spaces or from galleys, storerooms, drying rooms
or communal sanitary areas; that part of a bulkhead separating such
places from sleeping rooms and external bulkheads shall be efficiently
constructed of steel or other approved substance and be watertight and
gas-tight;
(f) the materials used to construct internal bulkheads, panelling
and sheeting, floors and joinings shall be suitable for the purpose
and conducive to ensuring a healthy environment;
(g) proper lighting and sufficient drainage shall be provided;
and
(h) accommodation and recreational and catering facilities shall
meet the requirements in Regulation 4.3, and the related provisions in
the Code, on health and safety protection and accident prevention,
with respect to preventing the risk of exposure to hazardous levels of
noise and vibration and other ambient factors and chemicals on board
ships, and to provide an acceptable occupational and on-board living
environment for seafarers.
7. With respect to requirements for ventilation and heating:
(a) sleeping rooms and mess rooms shall be adequately ventilated;
(b) ships, except those regularly engaged in trade where
temperate climatic conditions do not require this, shall be equipped
with air conditioning for seafarer accommodation, for any separate
radio room and for any centralized machinery control room;
(c) all sanitary spaces shall have ventilation to the open air,
independently of any other part of the accommodation; and
(d) adequate heat through an appropriate heating system shall be
provided, except in ships exclusively on voyages in tropical climates.
8. With respect to requirements for lighting, subject to such
special arrangements as may be permitted in passenger ships, sleeping
rooms and mess rooms shall be lit by natural light and provided with
adequate artificial light.
9. When sleeping accommodation on board ships is required, the
following requirements for sleeping rooms apply:
(a) in ships other than passenger ships, an individual sleeping
room shall be provided for each seafarer; in the case of ships of less
than 3,000 gross tonnage or special purpose ships, exemptions from
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